BOZEMAN, Mont. — The Gallatin County Attorney's Office is pushing back on suggestions that the county has a blanket policy restricting cooperation with U.S. Immigration and Customs Enforcement, saying a single legal opinion was mischaracterized.
According to a press release from the Montana Department of Justice, Attorney General Austin Knudsen is demanding Gallatin County Attorney Audrey Cromwell rescind her unlawful policy refusing to recognize U.S. Immigration and Customs Enforcement (ICE) as a 'criminal justice agency' and share confidential criminal justice information (CCJI) with them. The policy puts the safety of Gallatin County residents at risk and undermines law enforcement operations to crack down on illegal immigration in Montana.
The cease-and-desist letter sent April 2, 2026 follows an October 2025 email sent by Cromwell’s executive assistant to local law enforcement informing them that “the Gallatin County Attorney’s Office does not legally recognize Immigration and Customs Enforcement (ICE) as a law enforcement agency entitled to receive Confidential Criminal Justice Information (CCJI).” The email goes on to explain that ICE is only entitled to public documents. According to Knudsen, not only is the policy illegal under state and federal law, but it also raises serious public safety concerns as CCJI sharing is a critical component of effective law enforcement cooperation.
According to a press release from the Gallatin County Attorney's Office, the County Attorney's Office advised the Records Department last fall that a District Court Judge should decide whether confidential criminal justice information requested by ICE should be released. The request involved a civil matter, not a criminal one.
Under Montana law, confidential criminal justice information — which includes arrest records, fingerprints, and criminal histories — is nonpublic and can only be shared with agencies that qualify as "criminal justice agencies" under state statute. That definition is tied to the administration of criminal justice, including activities like detection, apprehension, detention, prosecution, and rehabilitation of offenders.
In this case, the County Attorney's Office determined ICE was not acting as a criminal justice agency because the request was civil in nature.
The County Attorney, Audrey Cromwell, acknowledged that a legal assistant — not an attorney — responded to the Records Department during the week of October 2, 2025 while the Cromwell was in trial.
"That communication addressed a specific legal question about a particular case," Cromwell said. "It was not and should not be considered 'policy.'"
The Cromwell also addressed concerns raised by Montana Attorney General Knudsen, reiterating that only the County Commission has the authority to establish county-wide policy.
"There is no overarching policy at play," Cromwell said. "Each request — whether from a federal agency, state agency, local agency, press, or a member of the public — is evaluated individually."
Montana law reflects a heightened right to privacy for residents, a principle the County Attorney's Office says guides every records request it reviews.
According to MDOJ press release, Cromwell has until Monday, April 6, to rescind the policy or Attorney General Knudsen will take immediate action to ensure state law is followed.
